23 May 2019
Arbitration
K and other v P and others [2019] EWHC (Comm), [2019] All ER (D) 168 (Mar)
The claimant buyers’ application to challenge an arbitration award succeeded. The Commercial Court held that there had been serious irregularity that had resulted in substantial injustice. Consequently, the matter would be referred to the existing tribunal for reconsideration.
Contract
Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2019] EWCA Civ 823, [2019] All ER (D) 88 (May)
In construing a clause in an agreement between the parties for the development of an ice rink, the Court of Appeal, Civil Division dismissed the appellant developer’s appeal. It held that the appellant’s decision to delay its fulfilment of a contractual obligation to secure a clear title to the development site until after it had secured funding for the development meant that it had failed to use ‘reasonable endeavours’ to comply with the obligation.
